New Widmer Appeal Focuses On Lead Investigator

Ryan Widmer's attorney is filing another appeal on her client's behalf, this time mainly focusing on the lead investigator in the bathtub drowning case.

Widmer has had three trials in connection with the drowning death of his wife, Sarah. The first trial ended in a conviction that was overturned after reports of juror misconduct. A second trial ended in a hung jury before a third jury found Ryan Widmer guilty of murder.

On Monday, attorney Michelle Berry filed an appeal with the 12th District Court of Appeals that concentrated on the actions of former Lt. Jeff Braley.

In her 81-page brief, Berry contends that Braley's "incompetence and pattern of dishonesty impacted the entire investigation," yet Widmer's defense team was kept unaware of Braley's actions prior to the first trial, then prevented from raising them at subsequent trials.

"Both the trial testimony in this case and Braley's sworn deposition in an unrelated civil case (in which Braley was found liable for abusing his position, fabricating and manipulating facts in a criminal investigation, and violating citizens' constitutional rights) make clear that Braley's position gave him wide control over the outcome of criminal investigations in Hamilton Township," Berry argued.

Braley has since resigned from his job at the Hamilton Township Police Department. He was accused of making exaggerated or false statements on his application with the department, but Braley said he believed someone else had altered the document. A state investigation found that Braley had written on the documents, and that there was no sign of alteration.

Berry's appeal also says Judge Neal Bronson erred when he did not grand a request "for genetic DNA testing of Sarah Widmer?s biological remains to determine if she suffered from a genetic disorder," denied the request without a hearing, and did not allow access to grand jury testimony by Braley and coroner Russell Uptegrove.

Braley attended the autopsy and supplied information about the case to Uptegrove, who testified that he considered the detective's statements when ruling Sarah Widmer's drowning death a homicide.

"Uptegrove has recently come under fire, after an extensive investigation by the Cincinnati Enquirer for relying too heavily on the word of police officers in the autopsy room, cutting corners and making snap (and often incorrect) rulings regarding cause and manner of death," Berry argued.

A previous appeal has already been heard by the court, which has yet to rule in the case.